L’Oreal files patent infringement lawsuit against Drunk Elephant

Cosmetics giant L’Oreal has accused skincare brand Drunk Elephant of patent infringement. In a lawsuit filed in Texas, L’Oreal claimed that the 2012-founded brand infringed on a patent labeled “stabilised ascorbic acid compositions and methods therefor.” In layman’s terms, L’Oreal believes that Drunk Elephant’s product, C-Firma Day Serum is too similar to its own creation.

Drunk Elephant creates skincare products that “either directly benefit the skin’s health or supports the integrity and effectiveness of our formulations,” according to its philosophy statement. The brand selects its ingredients based on biocompatibility, avoiding consideration of synthetic versus natural.

The C-Firma Day Serum is made with 15 percent l-ascorbic acid, 0.5 percent ferulic acid and 1 percent vitamin E, along with supporting enzymes and antioxidants. L’Oreal’s patent in question for this current lawsuit was filed in 2005 and is related to the l-ascorbic acid.

L’Oreal is seeking damages for interest, costs and all infringing sales. The lawsuit claimed, “The C-Firma product(s) can only be used in a manner that infringes the ‘841 patent, and on information and belief, have been used by Drunk Elephant’s customers in a manner that directly infringes one or more claims of the ‘841 patent.” The company had reportedly first made Drunk Elephant aware of the patent infringement last year.